Bill Text: IL HB5495 | 2019-2020 | 101st General Assembly | Introduced

---

Bill Title: Creates the Protecting Household Privacy Act. Provides that a law enforcement agency shall not obtain household electronic data or direct the acquisition of household electronic data from a private party or other third party. Provides exceptions. Provides that if a law enforcement agency obtains household electronic data under the Act, the agency within 30 days shall destroy all information obtained, except that a supervisor at that agency may retain particular information if: (1) there is reasonable suspicion that the information contains evidence of criminal activity; or (2) the owner of the household electronic device consents to voluntarily provide the desired household electronic data. Provides that if the court finds by a preponderance of the evidence that a law enforcement agency obtained household electronic data pertaining to a person or his or her effects in violation of the Act, then the information shall be presumed to be inadmissible in any judicial or administrative proceeding. Provides that any person or entity that provides household electronic data in response to a request from any law enforcement agency under the Act shall take reasonable measures to ensure the confidentiality, integrity, and security of any household electronic data provided to any law enforcement agency, and to limit any production of household electronic data to information relevant to the law enforcement agency request.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5495 Detail]

Download: Illinois-2019-HB5495-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5495 Introduced , by Rep. Ann M. Williams SYNOPSIS AS INTRODUCED:
New Act
Creates the Protecting Household Privacy Act. Provides that a law enforcement agency shall not obtain household electronic data or direct the acquisition of household electronic data from a private party or other third party. Provides exceptions. Provides that if a law enforcement agency obtains household electronic data under the Act, the agency within 30 days shall destroy all information obtained, except that a supervisor at that agency may retain particular information if: (1) there is reasonable suspicion that the information contains evidence of criminal activity; or (2) the owner of the household electronic device consents to voluntarily provide the desired household electronic data. Provides that if the court finds by a preponderance of the evidence that a law enforcement agency obtained household electronic data pertaining to a person or his or her effects in violation of the Act, then the information shall be presumed to be inadmissible in any judicial or administrative proceeding. Provides that any person or entity that provides household electronic data in response to a request from any law enforcement agency under the Act shall take reasonable measures to ensure the confidentiality, integrity, and security of any household electronic data provided to any law enforcement agency, and to limit any production of household electronic data to information relevant to the law enforcement agency request.
LRB101 19415 RLC 68887 b
A BILL FOR
HB5495 LRB101 19415 RLC 68887 b
AN ACT concerning household electronic data.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Protecting Household Privacy Act.
Section 5. Definitions. As used in this Act:
"Electronic communication" means any origination,
transmission, emission, transfer, or reception of signs,
signals, data, writings, images, video, audio, or intelligence
of any nature by telephone, including cellular telephones or a
wire, Internet, wireless, radio, electromagnetic,
photo-electronic or photo-optical system, cable television,
fiber optic, satellite, microwave, Internet-based or wireless
distribution network, system, facility or related technology.
"Household" means any single or multiple family dwelling,
including but not limited to a single family home, house,
apartment, mobile home, trailer, building, condominium,
duplex, townhouse, or other living quarters, used or intended
to be used as a dwelling place and immediately surrounding
area.
"Household electronic device" means any device intended
for use within a household that is capable of facilitating any
electronic communication.

HB5495 - 2 - LRB101 19415 RLC 68887 b
"Household electronic data" means any information or input
provided by a person to a household electronic device.
"Law enforcement agency" means any agency of this State or
a unit of local government which is vested by law or ordinance
with the duty to maintain public order and to enforce criminal
laws or ordinances.
Section 10. Prohibited use of household electronic data.
Except as provided in Section 15, a law enforcement agency
shall not obtain household electronic data or direct the
acquisition of household electronic data from a private party
or other third party.
Section 15. Exceptions. This Act does not prohibit a law
enforcement agency from obtaining household electronic data
if:
(1) the law enforcement agency first obtains a court
order under Section 108-4 of the Code of Criminal Procedure
of 1963 based on probable cause to believe that the person
whose household electronic data is sought has committed, is
committing, or is about to commit a crime or the effect is
evidence of a crime, or if the household electronic data is
authorized under an arrest warrant issued under Section
107-9 of the Code of Criminal Procedure of 1963 to aid in
the apprehension or the arrest of the person named in the
arrest warrant. An order issued under a finding of probable

HB5495 - 3 - LRB101 19415 RLC 68887 b
cause under this Section must be limited to a period of 60
days, renewable by the judge upon a showing of good cause
for subsequent periods of 60 days. A court may grant a law
enforcement entity's request to obtain household
electronic data under this Section through testimony made
by electronic means using a simultaneous video and audio
transmission between the requestor and a judge, based on
sworn testimony communicated in the transmission. The
entity making the request, and the court authorizing the
request shall follow the procedure under subsection (c) of
Section 108-4 of the Code of Criminal Procedure of 1963
which authorizes the electronic issuance of search
warrants; or
(2) the owner of the household electronic device
consents to voluntarily provide the desired household
electronic data.
Section 20. Information retention. If a law enforcement
agency obtains household electronic data under Section 15,
the agency within 30 days shall destroy all information
obtained, except that a supervisor at that agency may retain
particular information if:
(1) there is reasonable suspicion that the information
contains evidence of criminal activity; or
(2) the information is relevant to an ongoing
investigation or pending criminal trial.

HB5495 - 4 - LRB101 19415 RLC 68887 b
Section 25. Information disclosure. If a law enforcement
agency obtains household electronic data under Section 15, the
agency shall not disclose any information obtained, except that
a supervisor of that agency may disclose particular information
to another government agency if:
(1) there is reasonable suspicion that the information
contains evidence of criminal activity; or
(2) the information is relevant to an ongoing investigation
or pending criminal trial.
Section 30. Admissibility. If the court finds by a
preponderance of the evidence that a law enforcement agency
obtained household electronic data pertaining to a person or
his or her effects in violation, then the information shall be
presumed to be inadmissible in any judicial or administrative
proceeding. The State may overcome this presumption by proving
the applicability of a judicially recognized exception to the
exclusionary rule of the Fourth Amendment to the United States
Constitution or Article I, Section 6 of the Illinois
Constitution, or by a preponderance of the evidence that the
law enforcement officer was acting in good faith and reasonably
believed that one or more of the exceptions identified in
Section 15 existed at the time the household electronic data
was obtained.

HB5495 - 5 - LRB101 19415 RLC 68887 b
Section 35. Providing household electronic data to a law
enforcement agency not required. Except as provided in Section
15, nothing in this Act shall be construed to require a person
or entity to provide household electronic data to a law
enforcement agency under this Act. If law enforcement acquires
information from a household electronic device under Section
15, any information so acquired is subject to Sections 20 and
25.
Section 40. Security of production. Any person or entity
that provides household electronic data in response to a
request from any law enforcement agency under this Act shall
take reasonable measures to ensure the confidentiality,
integrity, and security of any household electronic data
provided to any law enforcement agency, and to limit any
production of household electronic data to information
relevant to the law enforcement agency request.